CHAPTER 1 economic value
that it represents.
General
Examples:
Obligations NOT A JURIDICAL
NECESSITY,
ARTICLE 1156. THEREFORE NOT
CIVIL OBLIGATIONS
AN OBLIGATION IS A
JURIDICAL MORAL OBLIGATION
NECESSITY TO GIVE, Your obligation to
TO DO OR NOT TO attend mass every
DO. Sunday.
Examples: NATURAL
TO GIVE OBLIGATION
Obligation to pay To pay back your
your tuition fee at debt of gratitude.
school.
TO DO (1)ELEMENTS OF
Obligation of
parents to take
OBLIGATION
care of their 1. PASSIVE SUBJECT
children. (OBLIGOR OR
DEBTOR)
NOT TO DO -Person who is
Obligation of bound to the
anyone not to fulfillment of the
steal. obligation.
-He who has the
WHY CIVIL duty of giving,
OBLIGATION IS A doing, or not doing.
JURIDICAL
NECESSITY? 2. ACTIVE SUBJECT
-In case of non- (OBLIGEE OR
compliance, the CREDITOR)
court may be called -Person who is
upon to enforce its entitled to demand
fulfillment or, in the fulfillment of
default thereof, the the obligation.
-The processor of a -The reason why
right; he in whose obligation exists.
favor the obligation
is constituted.
3. PRESTATION/
OBJECT/ SUBJECT (2) EXAMPLE
MATTER Unilateral Contract:
-Conduct required Loren is obliged to
to be observed by pay her income tax.
the obligor. It may (Tax Code)
consist of to give,
to do, or not to do. PASSIVE SUBJECT
-The subject matter Loren
of the obligation. ACTIVE SUBJECT
BIR or Philippine
4. JURIDICAL TIE/ Government
VINCULUM/
VINVCULUM JURIS / PRESTATION
EFFICIENT CAUSE To give money (to
-Binds or connects pay income tax)
the parties to the
obligation.
JURIDICAL TIE
Law
Bilateral Contract:
Contract of Sale
Tanjiro sold a bottle of wine to Inosuke for
P1,000.
Obligation 1 Obligation 2
PASSIVE Tanjiro Inosuke
SUBJECT
ACTIVE Inosuke Tanjiro
SUBJECT
PRESTATION Deliver bottle Pay P1,000
of wine
JURIDICAL TIE Contract
(3) CONCEPT OF
PRESTATION OBLIGATION
-Juridical necessity
PRESTATION
to give, to do, and
-Is an obligation;
not to do.
more specifically, it
is the subject
matter of an RIGHT
obligation – and -Power which a
may consist of person has under
giving a thing, the law, to demand
doing or not doing from another any
a certain act. The prestation.
law speaks of an
obligation as a CAUSE OF ACTION
juridical necessity -Act or omission
to comply with a which violates a
prestation. There is right.
a ‘juridical
necessity’, for non- INJURY, DAMAGE,
compliance can DAMAGES
result in juridical
or legal sanction. INJURY
-Act or omission
which causes harm.
DAMAGE
-The harm done to
party.
ADDITIONAL
INFORMATION DAMAGES
OBLIGATIONS, -Sum of money
RIGHT, CAUSE OF recoverable by
reason of damage
ACTION (WRONG)
done.
Example:
Tanjiro sold a bottle of wine to Inosuke for
P1,000.
Obligations Rights
Tanjiro Deliver the Demand
bottle of collection of
wine. P1,O00.
Inosuke Pay P1,000 Demand
delivery of
bottle of
wine.
If Tanjiro delivered the bottled of wine and
Inosuke does not pay Tanjiro P1,000, Tanjiro
will have a right of action.
Tanjiro - plaintiff
Inosuke - defendant
CAUSE OF ACTION
Omission on part of Inosuke (not paying)
DAMAGE
Tanjiro incurred loss on the sale.
DAMAGES
Sum of money recoverable (P1,000+)
(4) KINDS OF
OBLIGATIONS
A. FROM THE POINT
OF VIEW OF
“SANCTION”
1. CIVIL
OBLIGATION
(OR PERFECT
OBLIGATION)
-The sanction had originally
is a judicial motivated the
process. payment.
Example:
A promise to 3. MORAL
pay B his OBLIGATION
debt of 1 -The duty of a
million. Catholic to
hear mass on
2. NATURAL Sundays and
OBLIGATION- holy days of
The duty not obligation.
to recover The sanction
what has here is
voluntarily conscience or
been paid morality, or
although the law of the
payment was church.
no longer
required.
Example:
A owes B 1
B. FROM THE
million. But
the debt has
VIEWPOINT OF
already been SUBJECT MATTER
prescribed. If
A, knowing 1. REAL
that it has OBLIGATION
prescribed, -The
nevertheless obligation to
still pays B, give.
he (A) cannot
later on get 2. PERSONAL
back what he OBLIGATION
voluntarily -The
paid. The obligation to
sanction is do or not to
the law of do.
course, but Example:
only because The duty to
conscience paint a
house, or to
refrain from 2. BILATERAL
being a -Where both
nuisance. parties are
bound.
C. FROM THE Example:
AFFIRMATIVE AND In contract of
NEGATIVENESS OF sale, the
THE OBLIGATION buyer is
obliged to
pay, while the
1. POSITIVE OR seller is
AFFIRMATIVE obliged to
OBLIGATION deliver.
-The a. Reciprocal
obligation to b. Non-
give or to do. reciprocal
(where
2. NEGATIVE performanc
OBLIGATION e by one is
-The non-
obligation not dependent
to do. (Which upon
naturally performanc
includes not e by the
to give.) other).
C. FROM THE
VIEWPOINT OF THE ARTICLE 1157.
PERSON OBLIGED OBLIGATIONS ARISE
FROM:
1. UNILATERAL 1. Law
-When only 2. Contracts
one of the 3. Quasi-
parties is contracts
bound. 4. Acts or
Example: omissions
A owes B 1 punished by
million. A law
must pay B. 5. Quasi-delicts
-Like the duty to
(1) SOURCES OF refund an “over
change” of money
OBLIGATIONS because of the
A. LAW quasi-contract of
-When imposed by solution indebiti or
the law itself. “undue payment”.
Examples: -A quasi-contract is
1. Pay taxes (Tax the juridical
Code) relation resulting
2. Obligations of from certain lawful,
parents to the voluntary and
family (Family unilateral acts by
Code) virtue of which the
parties become
bound to each
other to the end
B. CONTRACTS that no one will be
(OBLIGATIONS EX unjustly enriched
CONTRACTU) or benefited at the
-Like a duty to expense of another.
repay a loan by
virtue of an Quasi – as if
agreement.
-A contract is a Examples:
meeting of minds You received
(nagkasundo- excessive change
bilateral act) after buying from a
between two store, it is your
persons whereby obligation to return
one binds himself, the excessive
with respect to the change (solution
other, to give indebiti)
something or to
render some Another person
service. took care of your
dog while you’re
C. QUASI- away, it is your
CONTRACTS obligation to
reimburse him the
(OBLIGATIONS EX
necessary expenses
QUASI-CONTRACTU)
he incurred
(negotiorum gestio) Examples:
Because of the
OBLIGATIONS organizers’
ARISING FROM negligence, the
DELICTS audience were hurt
-Also known as during an event.
crime or felony.
Unlike other Because you are
sources of not careful while
obligation, delicts running in a busy
produce both sidewalk, you
criminal bumped into a child
(makukulong/PENAL and the child
CODE) and civil suffered injuries.
(magbabayad ng
damages) In both cases the
liabilities. tortfeasors
(organizers and
Examples: you) will answer for
Estafa, murder, the medical
rape (note that expenses of the
doing these crimes audience (first
could get you case) and the child
imprisoned). (second case).
OBLIGATIONS
ARISING FROM SCOPE OF CIVIL
QUASI-DELICTS LIABILITIES
(NEGLIGENCE) 1. RESTITUTION
-Also known as tort -The restitution of
or culpa. the thing itself
This is an act or must be made
omission by one whenever possible,
party which causes with allowance for
damage to another any deterioration,
party wherein there or diminution of
is no pre-existing value as
contract. determined by the
court.
2. REPARATION FOR Example:
Gen stole the
THE DAMAGED
vehicle of Senku.
CAUSED Gen was sighted by
-Court shall
the authorities and
determine the
was engaged in a
amount of damage,
car chase. After a
taking into
while, Gen was
consideration the
apprehended by the
price of the thing,
authorities but the
whenever possible,
vehicle he stole
and its special
from Senku got
sentimental value
damaged.
to the injured
Furthermore, Senku
party, and
should have
reparation shall be
presented the
made accordingly.
vehicle in a car
(Not possible if the
show the same day
thing is totally lost,
Gen stole the said
it cannot be
vehicle. As a result,
returned to its
Senku lost
state.)
potential income
from the car show.
RESTITUTION:
3. INDEMNIFICATION Return the vehicle.
FOR
CONSEQUENTIAL REPARATION:
DAMAGES Answer the damage
-Indemnification for caused to the
consequential vehicle.
damages shall
include not only INDEMNIFICATION:
those caused by Since Gen’s act
the injured party, resulted in Senku’s
but also those loss, Gen will also
suffered by his answer for the said
family or by a third loss.
person by reason of
crime.
